Why Building Rights are not Common Property

A shared house has only two types of property: apartments as defined in section 52 of the Real Estate Law and common property, as described in that section.

Joint property is defined in the same section as “all parts of the common house except the parts registered as apartments, including the ground, roofs, exterior walls, foundation, stairwells, elevators, shelters, as well as heating or water installations, etc. in those intended for all or most apartment owners.
Even if they are in the area of a particular apartment. ”

Our eyes see that by this definition, the common property refers to physical parts of the common house. Therefore, the building rights are not “common property” but are rights jointly owned by the apartment owners.

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Apartments in Israel
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Average price for a 4 room apartment in Tel Aviv
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Rise in the price index of input in residential construction from the year 1956 to 2021
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